INTELLECTUAL PROPERTY

Trademarks and company name rights

Through a trademark registration, the monopoly on a name can be obtained for the manufacture of goods or the provision of services. In this context, a trademark indicates the origin of the goods or services.
    
Other designation rights are, for instance, the company name in the trade register, a person's right to his/her name pursuant to § 12 of the BGB and business names which have transformed into designation rights due to sufficient utilisation of this name.

In the law governing designations, the risk of a collision with older rights is particularly significant if new trademarks are created or if a name is sought for a new company (GmbH or AG). At present, more than 1 million trademarks are valid for Germany alone, registered with three different institutions: German patent and trademark office (DPMA), European Patent Office and WIPO. Other rights in this area include company names and other designation rights. The fact that various institutions are responsible for registrations means that only lawyers with comprehensive data access can carry out proper research and evaluations. The institutions themselves cannot do this. Pure research offices only determine the hits, but, due to legal reasons, are not allowed to evaluate them with regard to the actual risks of a legally relevant collision.

Subsequent collisions may endanger the survival of a company. There is a threat of claims for the provision of information, cease and desist and/or damages. This is why we conduct research for our clients prior to commencing the utilisation of a new designation, including company names, in order to find older third-party rights with a risk of confusion, wherever the designation is to be used - if necessary worldwide. We advise our clients during the creation and speedily carry out national and/or international trademark registrations.

During negotiations and the entering into license agreements, and during the sale or purchase of trademarks, we attend to our clients' interests. Furthermore, we provide representation services in court and out of court for clients who wish to enforce their designation rights in relation to third parties, we defend them against attacks by others, object to trademarks held by our clients' competitors and attend to prosecution or defence in case of violations of competition with connections to trademark law

Your contacts: Markus Kreuzkamp, Christoph Hoppe, Maren Müller-Mergenthaler, Andreas Samoilov

  • Delimitation agreements
  • National registration of designations
  • Written warnings and litigation management
  • Nullity proceedings
  • Due diligence and designation rights
  • All types of designation research
  • Enforcement of designation rights
  • Designation rights in the context of sales contracts
  • Company and domain names
  • Designation right claims
  • International registration of designations
  • Protection of titles
  • Infringement proceedings
  • Monitoring of designation rights
  • Purchase and sale of designation rights
  • Defence of designation rights
  • Licensing of designation rights Trademarks
  • Objection and deletion proceedings